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Second Circuit· 8/31/2007

Jiang v. Gonzales

Citations

  • 500 F.3d 137
  • 2007 U.S. App. LEXIS 20978
  • 2007 WL 2458415

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that harm to an applicant’s family member might amount to 9 past persecution if the applicant was in the “zone of risk” and suffered some harm 10 following the incident or the harm was a means of targeting the applicant
  • finding no past persecution where forced abortion resulted in illness and diminished health to petitioner’s mother, imposing “anguish ... and ... economic loss” to him
  • explaining that the rule in Jorge-Tzoc applies where the applicant “shares ... the characteristic that motivated persecutors to harm the family member, ... [was] within the zone of risk when the family member was harmed, and suffered some continuing hardship after the incident”
  • noting “the agency must consider the totality of the circumstances in each case to determine whether harm suffered by family members in combination with other factors may constitute past persecution of the applicant”
  • the BIA’s factual findings “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary”
  • “[A]n 15 applicant must rely upon harm the applicant has suffered 16 individually.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Parker, Hurd

Read full opinion on CourtListener

Cited by

67 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases named Jiang v. Gonzales

8 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.